THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Mischief causing damage to public property. 
4.  Mischief causing damage to public property by fire or explosive substance. 
5.  Special provisions regarding bail. 
6.  Saving. 
7.  Repeal and saving. 

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THE PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT, 1984 

ACT NO. 3 OF 1984 

An  Act  to  provide  for  prevention  of  damage  to  public  property  and  for  matters  connected 

therewith. 

BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:— 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Prevention  of 

[16th March, 1984.] 

Damage to Public Property Act, 1984. 

(2) It extends to the whole of India 1***. 

(3) It shall be deemed to have come into force on the 28th day of January, 1984. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “mischief”  shall  have  the  same  meaning  as  in  section  425  of  the  Indian  Penal               

Code (45 of 1860); 

(b)  “public  property”  means  any  property,  whether  immovable  or  movable  (including  any 

machinery) which is owned by, or in the possession of, or under the control of— 

(i) the Central Government; or 

(ii) any State Government; or 

(iii) any local authority; or 

(iv) any corporation established by, or under, a Central, Provincial or State Act; or 

(v) any company as defined in section 617 of the Companies Act, 1956 (1 of 1956); or 

(vi)  any  institution,  concern  or  undertaking  which  the  Central  Government  may,  by 

notification in the Official Gazette, specify in this behalf: 

Provided  that  the  Central  Government  shall  not  specify  any  institution,  concern  or 
undertaking under this sub-clause unless such institution, concern or undertaking is financed 
wholly or substantially by funds provided directly or indirectly by the Central Government or 
by one or more State Governments, or partly by the Central Government and partly by one or 
more State Governments. 

3. Mischief causing damage to public property.—(1) Whoever commits mischief by doing any 
act in respect of any public property, other than public property of the nature referred to in sub-section 
(2), shall be punished with imprisonment for a term which may extend to five years and with fine. 

(2) Whoever commits mischief by doing any act in respect of any public property being— 

(a)  any  building,  installation  or  other  property  used  in  connection  with  the  production, 

distribution or supply of water, light, power or energy; 

(b) any oil installations; 

(c) any sewage works; 

(d) any mine or factory; 

(e) any means of public transportation or of tele-communications, or any building, installation 

or other property used in connection therewith, 

shall be punished with rigorous imprisonment for a term which shall not be less than six months, but 
which may extend to five years and with fine: 

Provided  that  the  court  may,  for  reasons  to  be  recorded  in  its  judgment,  award  a  sentence  of 

imprisonment for a term of less than six months. 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

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4.  Mischief  causing  damage  to  public  property  by  fire  or  explosive  substance.—Whoever 
commits  an  offence  under  sub-section  (1)  or  sub-section  (2)  of  section  3  by  fire  or  explosive 
substance shall be punished with regorous imprisonment for a term which shall not be less than one 
year, but which may extend to ten years and with fine: 

Provided that the court may, for special reasons to be recorded in its judgment, award a sentence 

of imprisonment for a term of less than one year. 

5. Special provisions regarding bail.—No person accused or convicted of an offence punishable 
under section  3  or section 4  shall, if in  custody,  be  released  on  bail  or  on  his  own  bond  unless the 
prosecution has been given an opportunity to oppose the application for such release. 

6.  Saving.—The  provisions  of  this  Act  shall  be  in  addition  to,  and  not  in  derogation  of,  the 
provisions of any other law for the time being in force, and nothing contained in this Act shall exempt 
any  person  from  any  proceeding  (whether  by  way  of  investigation or  otherwise)  which  might  apart 
from this Act, be instituted or taken against him. 

7.  Repeal  and  saving.—(1)  The  Prevention  of  Damage  to  Public  Property  Ordinance,            

1984 (Ord. 3 of 1984), is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall 

be deemed to have been done or taken under the corresponding provisions of this Act. 

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